Health Care "Designation of Patient Advocate"

The Michigan Durable Power of Attorney Statute provides for the creation of a Durable Power of Attorney for Health Care or Medical Decision Making. This is essentially a specialized Durable Power of Attorney (see Durable Power of Attorney) which is generally limited to issues of Medical Care and Treatment. The statute designates these powers as "Health Care Designations of Patient Advocate."

These may be alternatively known as Medical Power of Attorney, or Health Care Power of Attorney.

Unlike other powers of attorney, by Michigan Statute, the Designation of Patient Advocate is only effective upon a finding by two physicians (or other qualified medical professional), in writing that the patient is unable to meaningfully participate in their own care and treatment decisions.

By Michigan Statute, a Patient Advocate must sign a written "Acceptance of Designation" which includes certain statutory provision.

The Designation of Patient Advocate, in addition to providing for general care and treatment decision making, may also provide for end-of-life decision making and can authorize the Patient Advocate to sign a Michigan "Do-Not-Rescuscitate" order (DNR) on behalf of the patient.

These documents should not be confused with "Living Will Declarations" which are not currently recognized in Michigan, but may contain similar language with similar end results. The primary difference is that the Patient Advocate Designation gives an agent the decision-making power, while the Living Will is a direct instruction to the medical community.